High Commissioner (Staff) Regulations (Amendment)

Legislation au C1972L00022 Regulations Not in force Legislative Instrument

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STATUTORY RULES

1972 No.

 

REGULATIONS UNDER THE HIGH COMMISSIONER (UNITED KINGDOM) ACT 1909-1966.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the High Commissioner (United Kingdom) Act 1909-1966.

Dated this sixteenth day of February, 1972.

Paul Hasluck

Governor-General.

By His Excellency’s Command,

(J. D. M. Dobie)

Member of the Federal Executive Council, for and on behalf of the Prime Minister.

 

Amendments of the High Commissioner (Staff) Regulations†

Parts.

1. Regulation 3 of the High Commissioner (Staff) Regulations is amended—

(a) by omitting the words—

“Part III.—Salaries and Allowances.”

and inserting in their stead the words—

“Part III.—Salaries, Allowances and other Payments.”; and

(b) by omitting the words—

“Division 4.—Travelling and other Allowances (Regulations 35-42).”

and inserting in their stead the words—

“Division 4.—Travelling Allowances, other Allowances and other Payments (Regulations 35-42a).”.

Heading to Part III.

2. The heading to Part III. of the High Commissioner (Staff) Regulations is repealed and the following heading inserted in its stead:—

“Part III,—Salaries, Allowances and other Payments.”.

Heading to Division 4 of Part III.

3. The heading to Division 4 of Part III. of the High Commissioner (Staff) Regulations is repealed and the following heading inserted in its stead:—

“Division 4.—Travelling Allowances, other Allowances and other Payments

Fares.

4. Regulation 36 of the High Commissioner (Staff) Regulations is amended—

(a) by inserting in paragraph (a) of sub-regulation (1.), after the word “minimum” (first occurring), the word “annual”; and

 

* Notified in the Commonwealth Gazette on  1972.

† Statutory Rules 1960, No. 87, as amended by Statutory Rules 1955, No. 87; 1966, No. 76; 1967, No 29 and 79; 1968, No. 21, 103, 128, and 164; 1969, Nos 74, 150 and 192; and 1970, No, 91

22552/70—Price 8c 9/12.1.1972

(b) by omitting from paragraph (b) of sub-regulation (1.) the words “salary of which is less than £1,560” and inserting in their stead the words “ annual salary of which is less than the minimum annual salary for the office of Clerk 7.”

Loss or damage to clothing or personal effects.

5. After regulation 42 of the High Commissioner (Staff) Regulations the following regulation is inserted in Division 4 of Part III.:—

“42a. — (1.) Where—

(a) an officer sustains loss of, or damage to, clothing or personal effects; and

(b) a condition specified in the next succeeding sub-regulation is fulfilled in relation to the loss or damage,

the officer shall be paid, in respect of the loss or damage, an amount determined by the High Commissioner in accordance with this regulation.

“(2.) The conditions relating to loss of or damage to clothing or personal effects of an officer are—

(a) that the loss or damage occurs while the officer is protecting or endeavoring to protect property of the Commonwealth from loss or damage;

(b) that the loss or damage is caused by a fault or defect in goods or other property belonging to the Commonwealth;

(c) that the loss or damage is caused by an act or omission of a person, other than the officer, employed by the Commonwealth; and

(d) subject to the next, succeeding sub-regulation, that the loss or damage occurs otherwise than in a circumstance referred to in a preceding paragraph of this sub-regulation and in the course of, or as a result of, the performance by the officer of his duties.

“(3.) The condition specified in paragraph (d) of the last preceding sub-regulation shall not be taken to have been fulfilled in relation to a loss of or damage to clothing or personal effects of an officer unless—

(a) the officer has taken the precautions that he might reasonably be expected to have taken to avoid the loss or damage;

(b) the officer has not instituted, and does not intend instituting, proceedings against a person who may be liable to him in respect of the loss or damage;

(c) the officer cannot reasonably be expected to take proceedings for the recovery of damages in respect of the loss or damage from a person who may be liable to him in respect of the loss or damage; and

(d) the officer has not received, and is not entitled to receive, from a person liable to him in respect of the loss or damage any sum in respect of the loss or damage.

“(4.) An officer is not entitled to be paid an amount in respect of loss or damage under sub-regulation (1.) of this regulation if he is entitled to be paid an amount in respect of the loss or damage under a contract of insurance.

“(5.) Where an officer is entitled to be paid an amount under sub-regulation (1.) of this regulation in respect of the loss of, or damage to, his clothing or personal effects, the amount to be determined by the High Commissioner for the purpose of that sub-regulation shall be a reasonable sum, not exceeding Eighteen pounds, having regard to—

(a) the price paid by the officer for the clothing or personal effects;


(b) if the clothing or personal effects were lost or damaged beyond repair—the cost of replacing the clothing or personal effects; and

(c) if the clothing or personal effects were damaged but not beyond repair—the cost of repairing the clothing or personal effects.

“(6.) Nothing in this regulation affects any right that an officer may have, apart from this regulation, to recover damages from the Commonwealth or from any other person in respect of the loss or damage sustained by him but if, after an amount has been paid to him under sub-regulation (1.) of this regulation, be recovers damages in respect of the loss or damage, an amount equal to—

(a) the amount paid to him under that sub-regulation; or

(b) the amount recovered as damages,

whichever is the less, is recoverable from him as a debt due to the Commonwealth.

“(7.) In this regulation, a reference to an officer shall be read as including a reference to an employee”.

Deduction from recreation leave on account of other absences,

6. Regulation 51 of the High Commissioner (Staff) Regulations is amended by inserting in sub-regulation (2.), after the word “Regulations,”, the words “ or on furlough granted under regulation 65 of these Regulations,”.

Proportionate furlough or salary in lieu on retirement,

7. Regulation 66 of the High Commissioner (Staff) Regulations is amended—

(a) by omitting front sub-regulation (2.) the words “a member” and inserting in their stead the words “ an officer” and

(b) by omitting from sub-regulation (2.) the words “the member” and inserting in their stead the word “ him”.

Taking into account of conduct of officer.

8. Regulation 69 of the High Commissioner (Staff) Regulations is amended by omitting the figures and word “, 66 or 68” and inserting in their stead the word and figures “or 66”.

Printed by Authority by the Government Printer of the Commonwealth of Australia

Overview

The Statutory Rules 1972 No. Regulations Under the High Commissioner (United Kingdom) Act 1909-1966 were enacted to amend the High Commissioner (Staff) Regulations. These regulations were introduced to address the need for updating and clarifying the allowances and payments for staff members under the High Commissioner (United Kingdom) Act. The enactment was made by the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council. The policy objective of these regulations is to ensure that staff members receive appropriate financial compensation for various allowances and payments, including travel, loss or damage to clothing or personal effects, and other payments as stipulated in the regulations. The amendments provide clearer definitions and conditions for these payments, thereby ensuring that staff members are fairly compensated for their services and any incidental damages or losses they may incur in the course of their duties.

Scope and Application

These Regulations, made under the High Commissioner (United Kingdom) Act 1909-1966, are designed to amend the High Commissioner (Staff) Regulations to update and expand the scope of allowances and payments to staff of the High Commission in the United Kingdom. The regulations apply to officers, which includes employees, of the High Commission. The changes include modifying the headings and contents of Parts and Divisions within the High Commissioner (Staff) Regulations to incorporate other payments, clarify terms, and include new provisions. Notably, the regulations introduce provisions for compensation in cases of loss or damage to clothing or personal effects under specific conditions, and adjust the criteria for deductions from recreation leave and the calculation of proportionate furlough or salary in lieu upon retirement. The amendments also correct minor clerical errors in the existing regulations. The application of these Regulations is limited to the Commonwealth of Australia, and there are no stated exclusions or exemptions in the provided text. The regulations do not explicitly mention any extension or restriction of application through subordinate instruments, but given their nature, such instruments may be used to further detail or implement these provisions.

Key Provisions

The main operative sections of these Regulations involve amendments to the High Commissioner (Staff) Regulations under the High Commissioner (United Kingdom) Act 1909-1966. Specifically, Regulation 3 is amended to change the headings of Part III and Division 4 to include "other Payments" (sections 1 and 2). Additionally, Regulation 36 is amended to clarify the annual minimum salary threshold for certain allowances (section 4). A new regulation, 42a, is inserted to provide compensation for officers who sustain loss or damage to their clothing or personal effects under specified conditions (section 5). Regulation 51 is amended to include furlough in the calculation of deductions from recreation leave (section 6). Regulation 66 is amended to ensure that proportionate furlough or salary in lieu is provided on retirement (section 7). Finally, Regulation 69 is amended to adjust the figures relating to conduct considerations (section 8). These Regulations impose several obligations on the parties they govern. Primarily, they require the High Commissioner to determine compensation amounts for officers who suffer loss or damage to their clothing or personal effects under specific conditions, including that the damage occurred while the officer was protecting Commonwealth property and was caused by a fault or defect in Commonwealth property or an act or omission of another Commonwealth employee (Regulation 42a). Officers must also take reasonable precautions to avoid such losses or damages and cannot recover damages from the Commonwealth if they have already been compensated under these Regulations (Regulation 42a(3) and (6)). Furthermore, the High Commissioner must consider proportionate furlough or salary in lieu when an officer retires (Regulation 66). These amendments also affect the calculation of deductions from recreation leave, including furlough (Regulation 51). Violations of these Regulations may lead to civil or criminal consequences, although specific penalties are not detailed within the text provided. Given the nature of the amendments, non-compliance could result in improper compensation being paid to officers or incorrect deductions from their leave entitlements. While the specific penalties are not outlined, breaches of such statutory provisions could potentially lead to legal action for the improper administration of staff benefits or entitlements.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.